Henwood v Municipal Tramways Trust

Henwood v Municipal Tramways Trust (SA),[1] was a significant Australian court case, decided in the High Court of Australia on 30 June 1938. The case was an influential decision in the law of negligence and is an authority for the proposition that the unlawful act of the deceased did not absolve the Trust from civil liability for its negligence.[2]

Henwood v Municipal Tramways Trust (SA)
CourtHigh Court of Australia
Decided30 June 1938
Citation(s)[1938] HCA 35, (1938) 60 CLR 438
Case history
Prior action(s)[1937] SASR 390
Appealed fromSupreme Court (SA)
Court membership
Judge(s) sittingLatham CJ, Starke, Dixon and McTiernan JJ

Brief overview

Henwood, while riding the tram, was overcome by a fit of nausea and stuck his head out the window. This breached a bylaw made by the tram authority as a safety precaution, and he was struck twice by standards outside the tram.

Ruling

It was held that although he was breaking the law, he was still under the protection of the law, and as such the Tramways Trust was liable for negligence in allowing him to be struck.

"It was there held that there is no general rule denying a person who is doing an unlawful act the protection of the general law imposing upon others duties of care for his safety."[3]

This makes more sense when you look at another example, again mentioned by Finnegan P, of an occupier who shoots someone breaking into the house, such as Revill v Newbery,[4] where the defendant shot the plaintiff who was breaking and entering. The defendant, or the occupier, was held liable for criminal damages, even though it was in defence of his home. In that case the plaintiff was also held liable for trespass.

See also

References
  1. Henwood v Municipal Tramways Trust (SA) [1938] HCA 35, (1938) 60 CLR 438 (30 June 1938), High Court (Australia).
  2. Cowen, Z (1941). "Case notes: Henwood v Municipal Tramways Trust". Res Judicatae (University of Melbourne). (1941) 2 Res Judicatae 91.
  3. Anderson v Cooke [2005] IEHC 221 (29 June 2005), High Court (Ireland) per Finnegan P.
  4. Revill v Newbery [1995] EWCA Civ 10, [1996] 1 All ER 291.
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